Information on I-9 & E-Verify for Employers
The Employer I-9 Requirement & E-Verify
Federal Immigration Laws make it mandatory for employers to verify the employment eligibility of all employees hired after November 6, 1986. This requirement is fulfilled through the completion and storage of an I-9 Employment Eligibility Verification form. Completed I-9 forms must be maintained by the employer for three years after the date of hire or one year after employment ends, whichever is later. An individual may not begin employment unless the I-9 form is completed. Failure to comply with the Immigration Reform and Control Act of 1986 will subject employers to civil or criminal penalties, including fines.
E-Verify is the vehicle for determining legal status of new hires. E-Verify is a federal program that has been in development since 1997. It takes information from the new hire’s I-9 and supporting documentation and cross-checks it against 455 million Social Security Administration (SSA) records, and 80 million U.S. Department of Homeland Security records. As of now, E-Verify has been made mandatory for only certain groups of employers, primarily federal contractors and public-sector employers. Recently, however, states have begun implementing laws that mandate use of E-Verify to meet state hiring requirements. Employers may also opt-in to E-Verify on a voluntary basis. Currently E-Verify screens about 1 in 5 new hires in the US, and about 1 in 25 businesses have enrolled in the system. Eventually, E-Verify will almost certainly be mandatory for all employers.
- Complete I-9 for all hired employees
- Examine work eligibility employee documents
- Store all completed I-9s for the required time period
- Re-verify work eligibility
- Produce I-9s promptly for government audits and inspections
Employers can gain control of potential I-9 compliance issues by utilizing Emptech’s Electronic I-9 Solution (which integrates directly with E-Verify).